Common use of Joinder of New Lenders Clause in Contracts

Joinder of New Lenders. From and after the Amendment No. 2 Effective Date each of the New Lenders shall be a party to and be bound by the provisions of the Existing Credit Agreement (as amended hereby) and shall have the rights and obligations of a Lender thereunder and under the other Credit Documents. Each New Lender (i) confirms that it has received a copy of the Existing Credit Agreement (as amended and hereby) and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment; (ii) agrees that it will, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Existing Credit Agreement (as amended and hereby); (iii) appoints and authorizes the Administrative Agent to take such action as agent on its behalf and to exercise such powers and discretion under the Existing Credit Agreement (as amended and hereby) as are delegated to the Administrative Agent by the terms thereof, together with such powers and discretion as are reasonably incidental thereto; (iv) agrees that it will perform in accordance with their terms all of the obligations that by the terms of the Existing Credit Agreement (as amended and hereby) are required to be performed by it as a Lender; and (v) which is not a United States person shall have attached all forms required under Section 2.16(e) of the Existing Credit Agreement.

Appears in 2 contracts

Samples: Five Year Credit Agreement (Medtronic Inc), Day Credit Agreement (Medtronic Inc)

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Joinder of New Lenders. From and after the Amendment No. 2 Effective Date Upon execution of this Amendment, each of the Lenders listed on Exhibit D hereto (each, a “New Lenders Lender”) shall be a party to and be bound by the provisions of the Existing Credit Agreement (as amended hereby) and shall have all the rights and obligations of a Revolving Lender thereunder and under the other Credit Documents. Each New Lender (ia) represents and warrants that it is legally authorized to enter into the Amendment and the Credit Agreement, and the Amendment and the Credit Agreement are legal, valid and binding obligations of such New Lender, enforceable against it in accordance with their respective terms; (b) confirms that it has received a copy of the Existing Credit Agreement (as amended and hereby) all of the Exhibits and Schedules thereto, together with copies of the financial statements referred to in Section 3.1 of the Credit Agreement, the financial statements delivered pursuant to Section 5.1 thereof, if any, and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendmentthe Amendment and the Credit Agreement; (iic) agrees that it will, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Existing Credit Agreement (as amended and hereby); (iii) appoints and authorizes Agreement, the Administrative Agent to take such action as agent on its behalf and to exercise such powers and discretion under the Existing other Credit Agreement (as amended and hereby) as are delegated to the Administrative Agent by the terms thereof, together with such powers and discretion as are reasonably incidental Documents or any other instrument or document furnished pursuant hereto or thereto; and (ivd) agrees that it will be bound by the provisions of the Credit Agreement and will perform in accordance with their its terms all of the obligations that which by the terms of the Existing Credit Agreement (as amended and hereby) are required to be performed by it as a Revolving Lender; and (v) . The Commitment Percentage of each New Lender after giving effect to the Amendment shall be the percentage identified as its Commitment Percentage on Schedule 1.1(c), which is not a United States person shall have attached all forms required under Section 2.16(e) of the Existing Credit Agreement.hereto as Exhibit B.

Appears in 1 contract

Samples: Credit Agreement (Osi Systems Inc)

Joinder of New Lenders. From By its execution of this Amendment, each New Lender hereby confirms and agrees that, on and after the Amendment No. 2 Effective Date each of the New Lenders Date, it shall be a party to the Credit Agreement as a Lender, shall have all of the rights and be obligated to perform all of the obligations of a Lender thereunder. Each New Lender severally, and not jointly, further (a) represents and warrants that (i) it has full power and authority, and has taken all action necessary, to execute and deliver this Amendment and to consummate the transactions contemplated hereby and to become a Lender under the Credit Agreement, (ii) it meets all requirements of an Assignee under Section 13.7(b) of the Credit Agreement (subject to receipt of such consents as may be required under the Credit Agreement, which such consents shall be deemed provided, to the extent required, by each Person that executes this Amendment), (iii) from and after the Effective Date, it shall be bound by the provisions of the Existing Credit Agreement (as amended hereby) a Lender thereunder and shall have the rights and obligations of a Lender thereunder thereunder, and under the other Credit Documents. Each New Lender (iiv) confirms that it has received a copy of the Existing Credit Agreement (Agreement, together with copies of the most recent financial statements delivered pursuant to Section 7.1 thereof, as amended and hereby) applicable, and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendmentthe Credit Agreement on the basis of which it has made such analysis and decision independently and without reliance on the Administrative Agent, any other Lender, agent or arranger; and (iib) agrees that (i) it will, independently and without reliance upon on the Administrative Agent Agent, or any other Lender Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Existing Credit Agreement Loan Documents, and (as amended and hereby); (iiiii) appoints and authorizes the Administrative Agent to take such action as agent on its behalf and to exercise such powers and discretion under the Existing Credit Agreement (as amended and hereby) as are delegated to the Administrative Agent by the terms thereof, together with such powers and discretion as are reasonably incidental thereto; (iv) agrees that it will perform in accordance with their terms all of the obligations that by the terms of the Existing Credit Agreement (as amended and hereby) Loan Documents are required to be performed by it as a Lender; and (v) which is not a United States person shall have attached all forms required under Section 2.16(e) of the Existing Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Brinks Co)

Joinder of New Lenders. From and after the Amendment No. 2 3 Effective Date Date, each of the New Lenders shall be a party to and be bound by the provisions of the Existing Credit Agreement (as amended hereby) and shall have the rights and obligations of a Lender thereunder and under the other Credit Documentsthereunder. Each New Lender (i) confirms that it has received a copy of the Existing Credit Agreement (as amended and hereby) and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment; (ii) agrees that it will, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Existing Credit Agreement (as amended and hereby); (iii) appoints and authorizes the Administrative Agent to take such action as agent on its behalf and to exercise such powers and discretion under the Existing Credit Agreement (as amended and hereby) as are delegated to the Administrative Agent by the terms thereof, together with such powers and discretion as are reasonably incidental thereto; (iv) agrees that it will perform in accordance with their terms all of the obligations that by the terms of the Existing Credit Agreement (as amended and hereby) are required to be performed by it as a Lender; and (v) which is not a United States person shall have attached all forms required under Section 2.16(e2.18(e) of the Existing Credit Agreement.

Appears in 1 contract

Samples: Day Credit Agreement (Wellpoint Health Networks Inc /De/)

Joinder of New Lenders. From and after the Second Amendment No. 2 Effective Date Date, each of the New Lenders shall be a party to and be bound by the provisions of the Existing Credit Agreement (as amended hereby) and shall have the rights and obligations of a Lender thereunder and under the other Credit Documentsthereunder. Each New Lender (i) confirms that it has received a copy of the Existing Credit Agreement (as amended and hereby) and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment; (ii) agrees that it will, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Existing Credit Agreement (as amended and hereby); (iii) appoints and authorizes the Administrative Agent to take such action as agent on its behalf and to exercise such powers and discretion under the Existing Credit Agreement (as amended and hereby) as are delegated to the Administrative Agent by the terms thereof, together with such powers and discretion as are reasonably incidental thereto; (iv) agrees that it will perform in accordance with their terms all of the obligations that by the terms of the Existing Credit Agreement (as amended and hereby) are required to be performed by it as a Lender; and (v) which is not a United States person shall have attached all forms required under Section 2.16(e2.18(b) of the Existing Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Graybar Electric Co Inc)

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Joinder of New Lenders. From and after the First Amendment No. 2 Effective Date Date, each of the New Lenders shall be a party to and be bound by the provisions of the Existing Credit Agreement (as amended hereby) and shall have the rights and obligations of a Lender thereunder and under the other Credit Documentsthereunder. Each New Lender (i) confirms that it has received a copy of the Existing Credit Agreement (as amended and hereby) and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment; (ii) agrees that it will, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Existing Credit Agreement (as amended and hereby); (iii) appoints and authorizes the Administrative Agent to take such action as agent on its behalf and to exercise such powers and discretion under the Existing Credit Agreement (as amended and hereby) as are delegated to the Administrative Agent by the terms thereof, together with such powers and discretion as are reasonably incidental thereto; (iv) agrees that it will perform in accordance with their terms all of the obligations that by the terms of the Existing Credit Agreement (as amended and hereby) are required to be performed by it as a Lender; and (v) which is not a United States person shall have attached all forms required under Section 2.16(e2.18(b) of the Existing Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Graybar Electric Co Inc)

Joinder of New Lenders. From and after the Amendment No. 2 Effective Date Date, each of the New Lenders shall be a party to and be bound by the provisions of the Existing Credit Agreement (as amended hereby) and shall have the rights and obligations of a Lender thereunder and under the other Credit Documentsthereunder. Each New Lender (i) confirms that it has received a copy of the Existing Credit Agreement (as amended and hereby) and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment; (ii) agrees that it will, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Existing Credit Agreement (as amended and hereby); (iii) appoints and authorizes the Administrative Agent to take such action as agent on its behalf and to exercise such powers and discretion under the Existing Credit Agreement (as amended and hereby) as are delegated to the Administrative Agent by the terms thereof, together with such powers and discretion as are reasonably incidental thereto; (iv) agrees that it will perform in accordance with their terms all of the obligations that by the terms of the Existing Credit Agreement (as amended and hereby) are required to be performed by it as a Lender; and (v) which is not a United States person shall have attached all forms required under Section 2.16(e2.18(e) of the Existing Credit Agreement.

Appears in 1 contract

Samples: Day Credit Agreement (Wellpoint Health Networks Inc /De/)

Joinder of New Lenders. From and after the Amendment No. 2 Effective Date Date, each of the New Lenders shall be a party to and be bound by the provisions of the Existing Credit Agreement (as amended hereby) and shall have the rights and obligations of a Lender thereunder and under the other Credit Documentsthereunder. Each New Lender (i) confirms that it has received a copy of the Existing Credit Agreement (as amended and hereby) and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment; (ii) agrees that it will, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Existing Credit Agreement (as amended and hereby); (iii) appoints and authorizes the Administrative Agent to take such action as agent on its behalf and to exercise such powers and discretion under the Existing Credit Agreement (as amended and hereby) as are delegated to the Administrative Agent by the terms thereof, together with such powers and discretion as are reasonably incidental thereto; (iv) agrees that it will perform in accordance with their terms all of the obligations that by the terms of the Existing Credit Agreement (as amended and hereby) are required to be performed by it as a Lender; and (v) which is not a United States person shall have attached all forms required under Section 2.16(e2.17(f) of the Existing Credit Agreement.

Appears in 1 contract

Samples: Day Credit Agreement (Health Net Inc)

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